Wait, I didn’t mean to gift that! The Doctrine of Unconscionable Procurement
What happens if the person you are providing a gift to tricks you or misleads you into giving it? What happens if you are forced into giving a gift? What happens if you did not understand the implications of gifting...Read More
Can Children Challenge a Will on Fairness in Ontario?
Most provinces, including Ontario, will not allow non-dependent adult children to challenge a parent’s will on the basis of fairness. However, section 60 of British Columbia’s Wills, Estates and Succession Act, S.B.C. 2009, c. 13, states that if a will-maker dies...Read More
Creating Multiple Wills in Ontario
The creation of multiple wills may seem complicated during the estate planning process, however it offers many advantages as a tool to handle different assets and to avoid certain fees. Let’s take a look at some of the basics regarding...Read More
Can You Execute Your Will in Ontario by Blinking?
A decision in the Texas court of appeal has raised some interesting discussions regarding the execution of wills. In Estate of Luce, the Texas court of appeal found that even though the testator drafted his will only by blinking, the...Read More
Predatory Marriages: The Growing Trend in Ontario
Elderly persons are living longer and as a result, a new litigation concern for the aging population has emerged: predatory marriages. Impacting wills and estates, and creating an emotionally stressful situation for family members, predatory marriages are a difficult situation...Read More
Introducing Medical Records in a Will Challenge
Can you use medical records to prove that a family member lacked mental capacity when they made their Will? In cases where a Will is being challenged on the basis that the will-maker lacked capacity, litigants will frequently attempt to...Read More
Incapacity is Not Synonymous with Dementia
What is Capacity? A drafting wills lawyer is tasked with the role of carrying out a legal assessment of their client's capacity to make a will. In Ontario, to have capacity to make a will, one must have the ability...Read More
Multiple Wills in Ontario: Re Milne Revisited
The Divisional Court recently allowed the appeal in the matter of Milne Estate (Re), 2019 ONSC 579, providing a sigh of relief for estate planning lawyers across the Province. The Milne case deals with the validity of multiple wills and...Read More
Resealing of Foreign Orders Appointing Guardians
This blog was written in collaboration with David Morgan Smith at Hull and Hull LLP. In some cases, an incapable person residing outside of Canada has assets in Canada. Can a guardian appointed outside of Canada have access to the...Read More
What happens when people die without wills in place?
Despite many people claiming to be aware of the importance of proper estate planning, nearly half of Canadian adults report not having estate planning documents in place. Ontario adults who die without the appropriate wills and other important documents lined up will have...Read More